Out of court statements that are made by parties who are not in court to provide proof as to the veracity and truth of the statement. For example, if John told Jim what he saw at an car accident, Jim could not be called as a witness to testify as to John’s recollection as proof of what happened.
Law Dictionary – Alternative Legal Definition
A term applied to that species of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. Hopt v. Utah, 110 U. S. 574, 4 Sup. Ct 202, 28 L. Ed. 262; Morell v. Morell, 157 Ind. 179, 60 N. E. 1092; Stockton v. Williams, 1 Doug. (Mich.) 570; People v. Kraft, 91 Hun, 474, 36 N. T. Supp. 1034. Hearsay evidence is that which does not derive its value solely from the credit of the witness, but rests mainly on the veracity and competency of other persons. The very nature of the evidence shows its weakness, and it is admitted only in specified cases from necessity. Code Ga. 1882, f 3770; 1 Phil. Ev. 185. Hearsay evidence is second-hand evidence, as distinguished from original evidence; it is the repetition at second-hand of what would be original evidence If given by the person who originally made the statement.